Research On The Filing Jurisdiction Of Cybercrime

In recent years,with the increase in the number of internet users and mobile internet users,cybercrime has shown a high incidence trend.Cybercrime exhibits its own characteristics,with a large number of members,distinct characteristics of cross regional crime,and industrialization.The characteristics of cybercrime lead to a wide range of criminal jurisdiction,which poses a series of challenges to the application of criminal procedural rules.The 2021 "Regulations on the Handling of Cybercrime Cases by the People’s Procuratorate" and the 2022 "Opinions of the Supreme People’s Court,the Supreme People’s Procuratorate,and the Ministry of Public Security on Several Issues Concerning the Application of Criminal Procedure in Handling Information Cybercrime Cases" have established jurisdiction rules for cybercrime cases,and have made provisions for the scope of "crime location”,joint jurisdiction,designated jurisdiction,etc.However,in judicial practice,there are still issues of jurisdictional conflicts,lack of supervision,and failure to raise objections to jurisdiction.If these jurisdictional conflicts are not properly resolved,it will lead to an unreasonable state of "lack of supervision and rights protection gap" in the jurisdiction of cybercrime.Therefore,the article explores the coordination path of jurisdictional conflicts in cybercrime,always adhering to the principle of "fairness first,considering efficiency",attempting to simplify the identification type of crime location based on the principle of close correlation,improve the standardized standards for designated jurisdiction application,and establish rules for mandatory merger and division of cases.The procuratorial organs are in a state of absence in the supervision of jurisdiction over the filing of online crimes.The reasons for this include inadequate legislation,a deep foundation of investigative centrism,and a lack of awareness of jurisdiction and supervision.The article attempts to roughly design the path for the jurisdiction and supervision of online crime cases by procuratorial organs.On the basis of effectively defining the "crime site",a pre supervision mechanism should be established,and at the same time,the rigid supervision function of procuratorial suggestions should be fully utilized.Objection to the jurisdiction of network crime filing is an important part of the litigants’ right of action.In the Criminal Procedure Law and judicial interpretation,only the litigants’ right of jurisdiction objection is simply stipulated,but there are no operational procedural rules.There are many parties involved in cross regional network crimes,and their jurisdiction objection right is granted during the investigation stage,which highlights the significance even more.The article demonstrates the necessity and feasibility of constructing a system of objection to the jurisdiction of parties involved in cybercrime,and envisions procedural rules,hoping to play a role in protecting the legitimate rights and interests of parties and achieve a balance in the construction of criminal litigation.